BILL NUMBER: AB 2849	CHAPTERED  09/26/00

	CHAPTER   643
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000

INTRODUCED BY   Assembly Members Havice and Cardoza

                        MARCH 2, 2000

   An act to amend Section 6600 of the Welfare and Institutions Code,
relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2849, Havice.  Sexually violent predators.
   Existing law defines "sexually violent predator" to mean a person
who has been convicted, even if the offender did not receive a
determinate sentence, of a sexually violent offense against 2 or more
victims, and who has a diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent behavior.
   This bill would recast those provisions and, among other things,
would enumerate what constitutes a "conviction" for purposes of these
provisions.
   This bill would incorporate certain of the additional changes to
Section 6600 of the Welfare and Institutions Code proposed by AB
1458, contingent on the prior enactment of that bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) (1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
and who has a diagnosed mental disorder that makes the person a
danger to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior.
   (2) For purposes of this subdivision any of the following shall be
considered a conviction for a sexually violent offense:
   (A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).
   (B) A conviction for an offense described in subdivision (b) that
was committed prior to July 1, 1977, and that resulted in an
indeterminate prison sentence.
   (C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision
(b).
   (D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision
(b).
   (E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).
   (F) A prior finding of not guilty by reason of insanity for an
offense described in subdivision (b).
   (G) A conviction resulting in a finding that the person was a
mentally disordered sex offender.
   (3) Conviction of one or more of the crimes enumerated in this
section shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health.  Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (4) The provisions of this section shall apply to any person
against whom proceedings were initiated for commitment as a sexually
violent predator on or after January 1, 1996.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, or subdivision (a) of Section 289 of the Penal Code,
or sodomy or oral copulation in violation of Section 286 or 288a of
the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, no more than one prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following
applies:
   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).  Notwithstanding Section 6600.1, only an offense
described in subdivision (b) shall constitute a sexually violent
offense for purposes of this subdivision.
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender.  The failure of
a minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 2.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) (1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
and who has a diagnosed mental disorder that makes the person a
danger to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior.
   (2) For purposes of this subdivision any of the following shall be
considered a conviction for a sexually violent offense:
   (A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).
   (B) A conviction for an offense described in subdivision (b) that
was committed prior to July 1, 1977, and that resulted in an
indeterminate prison sentence.
   (C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision
(b).
   (D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision
(b).
   (E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).
   (F) A prior finding of not guilty by reason of insanity for an
offense described in subdivision (b).
   (G) A conviction resulting in a finding that the person was a
mentally disordered sex offender.
   (3) Conviction of one or more of the crimes enumerated in this
section shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health.  Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (4) The provisions of this section shall apply to any person
against whom proceedings were initiated for commitment as a sexually
violent predator on or after January 1, 1996.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, Section 288.5, or subdivision (a) of Section 289 of
the Penal Code, or sodomy or oral copulation in violation of Section
286 or 288a of the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) (1) Except as provided in paragraph (2), "predatory" means an
act is directed toward a stranger, a person of casual acquaintance
with whom no substantial relationship exists, or an individual with
whom a relationship has been established or promoted for the primary
purpose of victimization.
   (2) (A) Notwithstanding paragraph (1), if the Controller
determines that funds have been made available in the annual Budget
Act or other legislation for purposes of the treatment program for
sex offenders contained in Article 3.5 (commencing with Section 2688)
of Chapter 4 of Title 1 of Part 3 of the Penal Code, the definition
contained in subparagraph (B) shall apply to this article.
   (B) "Predatory" means an act is directed toward a stranger, a
child under the age of 14 years, a person of casual acquaintance with
whom no substantial relationship exists, or an individual with whom
a relationship has been established or promoted for the primary
purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, no more than one prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following
applies:
   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).  Notwithstanding Section 6600.1, only an offense
described in subdivision (b) shall constitute a sexually violent
offense for purposes of this subdivision.
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender.  The failure of
a minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 3.  Section 2 of this bill incorporates amendments to Section
6600 of the Welfare and Institutions Code proposed by both this bill
and AB 1458.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 6600 of the Welfare and Institutions Code, and
(3) this bill is enacted after AB 1458, in which case Section 1 of
this bill shall not become operative.
